TERMS AND CONDITIONS AGREEMENT
Section One Sdn. Bhd. (Company Reg. No: 509651-P) (“SECTION1”, “us”) owns and operates www.section1.com.my (hereinafter referred to as “this Website”). This terms and conditions agreement (hereinafter referred to as “the Agreement”) governs Your relationship with this Website and SECTION1.
You agree that by accessing as well as using this Website and the products and services available through it (collectively referred to as the “Services”), You shall be subjected to the terms, conditions and notices (collectively referred to as the “Terms of Service”) as set out in this Agreement.
By using the Services, You are deemed to have agreed to the Terms of Service as set out herein. Kindly be informed that the Terms of Service may be amended by SECTION1 from time to time. You are advised to check this page on a regular basis so that You will be aware of any changes made to this Agreement.
Access to this Website is permitted on a temporary basis, and SECTION1 has the absolute discretion to withdraw or amend the Services without any prior notice. SECTION1 shall not be liable if this Website is unavailable at any time or for any period. From time to time, SECTION1 may restrict access to certain parts of or access to all parts of this Website.
For the purpose of this Agreement:
“Purchaser (“You”, “Your”)” means a person who enters into the Contract with SECTION1 for the Purchase of Items and / or Products via this Website;
“Contract” means the contract for the sale and purchase of items and / or products between the Purchaser and SECTION1, however so formed or concluded;
“Agreement” means this Terms and Conditions Agreement that governs the use of this Website;
“Items and / or Products” means the goods (or any parts thereof) that are listed in this Website;
“SECTION1” means Section One Sdn. Bhd. (Company Registration No: 509651-P), a company incorporated in Malaysia under the Companies Act 1965 and having its registered address at 122 & 123 Level 2 Block 1, Intekma Resort & Convention Centre, Seksyen 7, 40000, Shah Alam, Selangor Darul Ehsan.
“Vendors” means the manufacturers and/or official distributors of the Items and / or Products that are found in this Website.
“Website” means this website, operated and ran by SECTION1.
3.1 For the purpose of this Agreement, unless the context otherwise requires:
(a) words importing any gender shall include any other gender;
(b) words importing the singular shall include the plural and vice versa;
(c) words “hereof”, “herein”, “hereby”, “hereto”, “hereunder” and words of similar Import when used in this Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement;
(d) references that are made herein to Clauses and Schedules are to be interpreted as references to Clauses and Schedules of this Agreement unless stated otherwise;
(e) words that are applicable to natural persons shall also apply to any body of persons, company, corporation, firm or partnership whether incorporated or unincorporated;
(f) the headings and sub headings in this Agreement are inserted for the purpose of convenience and reference only and shall not affect the interpretation and construction thereof;
(g) should there be any references in this Agreement to a time within which an act should be done or agreement reached or consent given, such reference shall be deemed to be read as including the expression “or any other period agreed in writing between the Parties from time to time”;
(h) any technical term that has not been specifically defined in this Agreement shall be interpreted / construed in accordance with the usage or definition as commonly accepted in Malaysia; and
(i) any reference to “writing” or similar expressions shall mean to include electronic mail.
5.1 By and when using this Website, you will not:
(a) commit/initiate/participate or encourage a criminal offense according to the laws of Malaysia or deliberately commit/initiate/participate or encourage any act that may assist is any criminal offence according to the laws of Malaysia;
(b) transmit, distribute or assist in transmitting or distributing a virus / virus, trojan, worm, logic bomb or any other material / software / program that is malicious, technologically harmful, in breach of confidence / privacy or in any way offensive or obscene;
(c) hack into this Website or any parts thereof and to any aspect of the Service provided therein;
(d) corrupt any data in relation to this Website or SECTION1;
(e) cause annoyance to and / or insult and / or provoke other users (including Vendors);
(f) infringe upon the rights of any other person’s and / or party’s intellectual and / or proprietary rights;
(g) send out to any users of this Website any unsolicited advertising or promotional material, commonly referred to as “spam”; and
(h) Attempt in any manner to affect and or assist to affect the performance or functionality of any computer facilities of or accessed through this Website.
5.2 Should You breach this provision, it shall constitute a criminal offense and SECTION1 will not hesitate to report any such breach to the relevant law enforcement authorities including the police and disclose Your identity to them.
5.3 SECTION1 shall not be liable to You or to any other party for any loss or damages caused by a distributed denial-of-service attack (DoS Attack), viruses or any other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material as a result of Your use of this Website or to Your downloading of any material posted on it, or on any website linked to it.
6.1 You agree to release and indemnify SECTION1, its servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against You arising out of Your, Your agent’s, Your employees or any other person’s acts or omissions relating to this Website.
7. INTELLECTUAL PROPERTY
7.1 The intellectual property rights to the content (including but not limited to photographic images, taglines and logos) of this Website remains as the property of SECTION1 or its licensors and are protected by Malaysian copyright laws and relevant international laws. All such rights are reserved by SECTION1 and its licensors. You are informed that you are not permitted to use, distribute to any third party, assist to distribute to any third party, reproduce, assist to reproduce in any form or format, any of the content or copies of the content that appears on this Website nor may You use the content or any part thereof for any purpose whatsoever.
8. SALE OF ITEMS / PRODUCTS LISTED IN WEBSITE
8.1 Once You found an item / product that You wish to purchase on this Website, You are required to fill up several basic information before proceeding to pay. The basic information shall include Your full name, address, phone number and e-mail address (hereinafter referred to as the “Basic Information”). This is important for Section 1 to contact and / or verify Your (as the customer) information for product delivery. You may choose to set up an account for in order to best experience this Website and the services offered herein. However, You can still purchase items and / or products without having to register for an account.
8.2 You may choose any payment option via MOLPAY to make payment to us.
8.3 The delivery for a successful purchase by You shall be according to the terms as set out in clause 10 below.
8.4 In order to purchase items and / or products from this Website, You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
8.5 SECTION1 reserves the right to refuse any request made by You without having to provide any reasons hereto.
9. PRICING AND AVAILABILITY
9.1 We strive to ensure that the descriptions (colour, weight, size etc) of all items listed on this Website are as accurate as possible. However, we cannot guarantee it is 100% accurate. The price of the products that are stated on this Website excludes any applicable Goods and Services Tax (GST, if applicable) and delivery charges, both of which are liable to be paid by the Purchaser to SECTION1 in addition to the price.
10.1 Delivery of the Items and / or Products shall be at the address specified by the Purchaser in the relevant purchase order. The delivery time shall be within seven (7) working days from the date of purchase.
10.2 Upon the confirmation of order, any inquiries regarding the delivery of the Items and / or Products are to be forwarded to the respective Vendors and not to SECTION1.
10.3 Kindly be informed that the delivery of Items and / or Products purchased shall only commence once full payment of the Items and / or Products has been received by SECTION1.11.
11. WARRANTIES AND GUARANTEES
11.1 The warranties and / or guarantee of all the Items and / or Products’ listed in this website are under the purview of the respective Vendors. Any claims or inquiries for warranties and / or guarantees regarding the Item and / or Products are to be forwarded to their respective Vendors directly and not to SECTION1.
11.2 SECTION1 shall be under no liability whatsoever in respect of the warranties and / or guarantee associated with any of the Items and / or Products listed on this Website.
12. GOODS AND SERVICES TAX (IF APPLICABLE)
12.1 GST has been implemented in Malaysia starting from 1st April 2015 at the rate of 6%. As SECTION1 is a GST registered company, the prices of items and services provided by SECTION1. may be subject to GST where applicable.
12.2 For further information regarding GST, kindly refer to the Goods and Services Tax Act 2014, the Goods and Services Tax Regulations 2014 and the Royal Malaysian Customs Department (for inquiries).
13. DISCLAIMER OF LIABILITY
13.1 The Items and / or Products that are listed on this Website are listed without SECTION1 giving any warranty and / or guarantee regarding its condition or to the accuracy of its description herein. To the fullest extent of the law, SECTION1 shall not be liable for any damages whatsoever incurred by any party or parties as a result of or related to the party (s) usage of this Website, this Website itself or to the Linked Sites as defined above and to any materials and / or contents posted thereon.
14. FORCE MAJEURE
14.1 SECTION1 shall not be liable for any delay or failure to perform its obligations pursuant to this Agreement if such delay is due to Force Majeure. The situations that are considered as force majeure events are listed as follows:
(a) war (whether declared or not;
(b) insurrection, revolution, rebellion, military or usurped power, civil war or acts of terrorism;
(c) natural catastrophes;
(d) nuclear explosion, radioactive or chemical contamination or radiation;
(e) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;
(f) riot, commotion or disorder,
(g) an embargo of the importation and exportation of goods;
(h) interruption of production due to traffic, strikes, trade disputes, power failure, breakdown of machineries and acts of restrictions, prohibitions, by-laws or preventive measures of any kind on the part of any governmental, parliamentary or local authority.
15. DISCLAIMER IN RELATION TO THE OWNERSHIP OF TRADE MARKS, IMAGES AND THIRD PARTY INTELLECTUAL PROPERTY
15.1 Except where expressly stated to the contrary in this Website or by SECTION1, any trademarks, images and other third party intellectual property featured on this Website are owned by the respective trade mark owners.
16. DISPUTE RESOLUTION
16.1 Any disputes between the Parties arising out of this Agreement shall first be resolved in good faith by way of mutual discussions between the Parties. If the dispute continues, the Parties may file an action in the courts of Malaysia.
17.1 SECTION1 shall have the right in its absolute discretion without having to give notice, to remove, vary or amend the scope the Services and contents of this Website
18.1 If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
19. COMPLAINTS / FEEDBACK / SUGGESTIONS / RETURN
19.1 You can share feedback / complaints/ suggestions through official email account: [email protected]
19.2 Any damages/ complaints about any products should be informed formally via the e-mail stated in clause 19.1 above. Our customer service officer shall respond within 24 hours.
19.3 All products are not returnable unless there is evidence to show that the products delivered is/are different from the products ordered and duly notified to SECTION 1 through the official email account: [email protected]
19.4 You can get the latest update on Section 1 by following Section 1 official Instagram account, @section1my.
20.1 Any notices to SECTION1 shall be in writing and addressed to its registered office at 122 & 123 Level 2 Block 1, Intekma Resort & Convention Centre, Seksyen 7, 40000, Shah Alam, Selangor Darul Ehsan.
20.2 Any notices to the Purchaser shall also be in writing or via e-mail, to the address and / or e-mail address as provided under clause 8.1 above.
21.1 Failure by either Party to exercise any of all its rights, powers, privileges or remedies under this Agreement or any single or partial exercise of a right, power, privilege or remedy, shall not act as a waiver of such rights, powers, privileges or remedies and such rights, powers, privileges or remedies may be exercised with or without having to wait for the occurrence or re-occurrence of a similar or any other event giving rise to such rights, powers, privileges or remedies.
21.2 No waiver by any Party of any breach of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision of this Agreement (all of which are several and cumulative and are not exclusive of each other) or of any other rights or remedies otherwise available to a party at law or in equity.
21.3 Any waiver by any Party hereto of a breach or default of any provisions in this Agreement shall be in writing.
22.1 Without prejudice to any other rights SECTION1 may have under this Agreement or at law, SECTION1 may terminate this Agreement immediately if SECTION1 discover and / or suspects and / or has reason to suspect that You have breached, refused, failed, neglected or ceased to carry on or suspends to carry out Your obligations under this Agreement or fail to comply with or perform any of the terms and conditions of this Agreement; or breach any of the representations or warranties stated in this Agreement and such breach is not remedied after being informed by SECTION1 of the breach and requesting You to remedy the said breach.
22.2 If this Agreement is terminated pursuant to this clause, SECTION1 may, in addition to terminating the Agreement:
(a) be regarded as discharged from any further obligations under this Agreement; and
(b) pursue any additional or alternative remedies provided by law.
22.3 All accounts under Your name shall immediately be terminated.
22.4 However, the termination shall not nullify all previous rights and obligations that arise before the date of termination and both parties shall continue to honour such previous rights and obligations.
23. ENTIRE AGREEMENT